Leasehold Reform (Ground Rent) Bill introduced

Following the announcement in the Queen’s Speech, the government has introduced the Leasehold Reform (Ground Rent) Bill. The Ground Rent Bill restricts ground rents on newly established long residential leaseholds to one peppercorn per year, thus effectively restricting ground rents to a zero financial value. The Ground Rent Bill [...]

By |2021-07-18T19:12:13+01:0020 May 2021|Blogs, ground rent, legal update|0 Comments

Service charge demands: has notice been given in accordance with the lease provisions?

I’m regularly to be found on my soap box espousing the need to read, understand and implement the terms of leases, particularly where service charges are concerned.  In H Stain Ltd v Richmond [2021] UKUT 66 (LC) the Upper Tribunal considered a lease clause which required the lessee to be [...]

By |2021-06-27T17:06:10+01:0027 April 2021|Blogs, legal update, service charges|0 Comments

RTM: are lessees still required to pay charges for the estate following acqusition?

Owners of residential leasehold property are able to exercise a statutory Right to Manage (RTM) under the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”). The difficulties which can arise when dealing with estate services and well known, and were under consideration again by the Upper Tribunal (Lands Chamber) [...]

By |2021-06-27T17:31:36+01:0014 April 2021|Blogs, legal update, RTM|0 Comments

When is a demand a demand for the purposes of section 20B?

There are a raft of contractual and statutory restrictions on the recovery of service charges. In certain circumstances, failing to adhere to those restrictions is fatal to the recovery of service charges.   The 18 month rule Section 20B of the Landlord and Tenant Act 1985 is one of the [...]

By |2021-06-27T17:53:05+01:001 March 2021|Blogs, legal update, service charges|0 Comments

Corporate governance vs. leasehold management

I often talk about the different “hats” individuals wear.  This is because an individual can (and often does) have two roles; as lessee and also as a member of a management company. There are lots of examples of lessee owned and controlled companies; residents’ management companies in tripartite leases, right [...]

By |2021-06-27T22:55:33+01:0027 February 2021|Blogs, company matters, legal update|0 Comments

Duval: granting permission for alterations and other works

In May, the Supreme Court handed down its long awaited decision in Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18. The appeal, which was heard back on 10 October 2019, concerns whether or not a landlord is entitled to grant a licence to a lessee to carry out works [...]

By |2021-06-29T18:31:44+01:0029 January 2021|Blogs, breach of lease, legal update|0 Comments

Section 303 Companies Act 2006: when is a resolution vexatious or ineffective

Managing agents will be familiar with the different “hats” that individuals wear, depending on whether those individuals are acting in their capacity as a member of a management company, or in their capacity as leaseholder. Those capacities are separate, and the rights that individuals have are different depending on whether [...]

By |2021-07-04T18:04:59+01:0016 January 2021|Blogs, company matters, legal update|0 Comments

Access covenants: when are they breached?

Residential leases contain rafts of covenants lessees are obliged to adhere to. Although the wording might differ from one lease to the next, *most* leases contain a covenant that requires a lessee to permit the landlord (or management company) to enter their flat for certain purposes. Where a landlord seeks access, [...]

By |2021-06-27T22:17:03+01:0011 January 2021|Blogs, breach of lease, legal update|0 Comments

Does payment of service charges amount to an admission?

Lessees (and landlords) have a right to apply to the First Tier Tribunal (Property Chamber) for a determination whether a service charge is payable and, if it is, the amount that’s payable. However, no application may be made to the Tribunal in respect of a matter which has either been [...]

By |2021-06-27T23:22:56+01:0010 January 2021|Blogs, legal update, service charges, Tribunal|0 Comments
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